According to Rahn, prosecutors with the Iowa Attorney General's Office will prosecute the case.
Law enforcement authorities say Rivera, an illegal alien from Mexico, has admitted that he followed Tibbetts in his automobile, then confronted her on the sidewalk and abducted her.
"Former leader of Iowa's educational system (The Iowa Board of Regents) Craig Lang has verified that Cristhian is in this jurisdiction legally", Richards wrote.
While authorities have yet to confirm the body is Tibbetts, they arrested Cristhian Bahena Rivera, 24, on first-degree murder charges.
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In a statement, Dane Lang said Rivera worked for Yarrabee Farms for four years and passed the government's vetting process. Yet, according to the Lang family, the E-Verify site, web-based system that allows employers to check the legal status of employees and confirm they're legally eligible to work in the USA, cleared Rivera.
The video showed Tibbetts' jogging and Rivera's auto going by, officials said, and Rivera was tracked down by investigators Monday.
During a court appearance overnight, a judge ordered Rivera to be jailed on a $5 million ($6.8m AUD) cash-only bond.
His attorney, Allan M. Richards, has disputed claims Rivera was in the United States illegally.
Tibbetts, a 20-year-old rising sophomore at the University of Iowa, disappeared the evening of July 18 while jogging in the rural farming town of Brooklyn, a close-knit community of about 1,500 residents.
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"People are saying, 'If we had better border control, your cousin would never be dead, ' " Lucas said. "DCI doesn't work immigration stuff so anytime this stuff comes up we defer to them".
Rivera had been held since August 21, on a $1 million cash-only bond after being charged.
In an interview, Rivera told authorities he saw Tibbetts running, got out of his vehicle and ran alongside of her, Rahn said. "We are angry that a broken immigration system allowed a predator like this to live in our community, and we will do all we can bring justice to Mollie's killer".
"We have found no record in our systems indicating he has any lawful immigration status", Bars said.
Trump seized on the man's arrest on Tuesday to call the nation's immigration laws "a disgrace" that will only be fixed by electing more Republicans.
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The actual answer is that Tibbetts was murdered by an undocumented immigrant, and her story has been pushed with breathless fervor by the right wing in America-up to and including President Trump himself-with the aim of promoting an anti-immigrant agenda and, in this special case, detracting attention from the very bad news surrounding the administration.
"I'm so sorry for the family here and I know this is hard, not only for the family but for the people in her community, the people throughout Iowa", Warren said.
Although Trump claims legal US residents are less likely to commit crime, several studies from social scientists and the libertarian think-tank Cato Institute have concluded that isn't accurate and that states with a higher share of people living in the country illegally have lower violent crime rates. If convicted Rivera could get life in prison without parole.
Rivera was an undocumented immigrant working at Yarrabee Farms. The results of an autopsy are still pending, and Rahn did not specify a cause of death.
The University of Iowa mourned the loss of Tibbetts, a psychology major who would have started her junior year this week.
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The family of missing Iowa college student Mollie Tibbetts released a statement on a body being found and the arrest of a man charged with Mollie's murder.